Real Evidence Flashcards
Which case allowed unwarranted search of tent due to serious of crime and for urgency?
HMA v McGuigan (theft and rape)
Which case sets the balancing test?
Lawrie v Muir
What is the balancing test?
Balance between citizens right to not have property invaded and states right to properly administer justice.
In what case were warrants without specificed dates deemed invalid? And when was it deemed valid?
Bulloch
Foulis
What considerations are taken when there is an absence of warrant?
stumbling across and urgency
In which case were warrants deemed oppressive as evidence given to judge was misleading?
Clyde and co LLP v Richardson
Which case stated that if an original search is lawful, discovery of additional evidence was incidental and their was urgency consideration then it would be admissible?
Hepper
Which case shows that fishing attempts are inadmissible?
Turnball
Which case separates random and accidental? states that random searches are inadmissible?
Leckie v Milne
Which two driving cases show that the police must justify the searching of a vehicle?
Baxter v Scott (serious arrest so right), Graham v Orr (not relevant arrest so no right).
What are the four considerations set out by the balancing test?
Seriousness of the crime
Seriousness of the irregularity
Good faith or trickery
Circumstances of urgency
Which case is the authority on seriousness (not sufficient)?
Lawrie v Muir
Which case is authority on irregularity? (police went too far)
Mcgovern (fingernail scrapping)
What case is authority on good faith? (police acted in good faith)
Fairley v Fishmongers of London
Which case is authority on urgency? (was circumstances of urgency)
Sadiq - but further search with no warrant inadmissible.
